St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-03-22

| visions of this act In case any OF such viewers
are unable to serve. the county commissioners
NAV anpoint others in their stead. Provided,
That before resembling any such action, or again
resublnittng the matters to the viewers as atore-
said, the county commissioners may, In thelr
discretion, require OF the petitioners new bond
in such sum as they deem necessary, with SUM
Gent sureties, to be approved by the county
auditor, conditioned TO pay all expenses already
made in the proceedings had for the construc-
tion of such drain, and also all expenses to be
made after such resubmission, in case the county
commissioners shall fail to Law out and establish
such drain.
SEC. 81. All acts and parts of acts inconsist-
ent with this act are hereby repealed,
SEC. 30. This act shall take effect and be in
force from and after It's passage.
Approved March ID 1887
AN ACT to provide for constructing bitches by
towns for the purpose of drainage
Be 1t enacted by the Legislature OF the State OF
Minnesota:
SECTION l. The supervisors of any town may
lay out aid construct ditch within the limits
OF such town for the purpose of drainage, upon
petition of not less than six legal voters VINO
own real estate or who occupy real estate under
the homestead and presumption law OF the
United States, or ueder contract from the State
of Minnesota. within one mile of the ditch to be
so constructed.
SEC. >. Whenever any number of legal voters,
| as aforesaid, determine to petition the super
| visors for the laying out or construction OF a
ditch they shall cause copy of their petition to
| be posted up in three of the most public places
| of the town twenty DAYS before any action Is
had in relation thereto. Such petition shall de-
| scribe as near as possible the course OF such
| ditch, and shall give as near as possible the
| points where such ditch shall begin and where
| the same shall terminate, and description OF
| the lands through which such ditch is proposed
| to be constructed. A
SEC. 3. Upen receiving such petition the
| supervisors shall within thirty days, make out q
notice and fix therein time and place at which
J they will meet and decide upon such petition.
! and SHALL at least ten days previous to such
time, cause such notice to be given to all occu-
| pants of the land through which such ditch is
! proposed to be constructed, which notice shall
be served personally or by copy left at the usual
| place of abode OF each of said occupants proof
OF such service to be made by an affidavit of the
| supervisor making such service. The supervis-
| orS shall also cause copies of such notice to be
| posted in three public places in said town at
! least ten days previous to such meeting. Every
such notice shall specify as nearly as practicable
the ditch proposed to be laid out or constructed,
| and the several tracts of land through which the
same may pass.
SEC 4. The supervisors, at the time and place
| fixed in said notice, shall proceed to examine
| personally the territory affected by said pro-
| posed ditch. and shall hear any reasons for or
| against the laying out or constructing of the
! same and shall decide upon the application as
| they deem proper. If they decide in favor of
LAYING out or constructing such ditch they shall
| make out, or cause to be made out, an accurate
] description thereof and incorporate the same in
| an order to be signed by them, and shall cause
affdavlts of the service of ntice, to be filed in
| the Office of the town clerk, who shall note the
| time of filing the same and; on refusal of the
supervisors TO lay out and construct such ditch,
they shall note the fact on the back of the petit
| ton and file the same aforesaid. All orders,
petitions and affidavits together with the award
| of damages, shall be made out and filed within
| five days after the date of The order for laying
| out or constructing such ditch, but the town
clerk shall not record such order within thirty
| days nor until a final decision is had, and not
then order
the supervisors shall fail to file such order within
| twenty DAYS, they shall be deemed to have de-
cided against suth petition; but if such order is
confirmed and such order, together with the
| award, has been recorded by said town clerk,
the same shall be sent by him to the county
| auditor, who shall file and preserve all such
| papers thus transmitted to him.
SEC. 3. An order laying out or directing the
construction of such ditch and COPY of the
record duly certified by the town clerk shall be
received in all courts as competent evidence of
| the facts therein contained and shall be prima
| facie evidence of the regularity of the proceed
ings prior 10 the making of such order except in
case OF appeal when an appeal has been taken
within the time limited by this act.
SEC. 6. The damages sustained by reason of
laying out or construction of such ditch may be
ascertained by the agreement OF the owners and
supervisors, and unless such agreement is made
and the owners shall in writing release all claim
| to damages the same shall be assessed in the
manner hereinafter prescribed before the same
is open or used Every agreement of the
owners shall be filed in the town clerks office,
ana shall forever preclude the owners OF lands
from all further claims for damages, not only for
the taking of land in the construction of such
ditch, but also shall preclude the owner from
any claim for damages by the use of such ditch
In case the supervisors ana the owners of land
claiming damages can not agree or if the owner
of any land through which any such ditch shall
be laid ont or constructed is nm nOwn. the
supervisors SHALL in their award, specify the
amount OF damages awarded by them to all
such owner or owners, giving perfect descrip-
tion of such parcel of land in their award. The
lo11ron hnn thn don,
they deem just and right with each individual
with whom they cannot agree and deposit a
statement Of the amount of damages so assessed
to each individual with the town clerk, who
snail note the time of filing the same The
supervisors in all cases of assessing damages,
shall estimate the advantages and benefits which
such ditch and the construction thereof will
confer on the claimants for the same, as well as
the disadvantages. ANY person living on United
States land who has made his declaratory state
ment for the same in the proper land office SHALL
for the purpose of this act be considered the
owner of such land
SEC. z. The several acts and provisions of
the General Statutes of 1873, and the acts
amendatory thereto relating to appeals from the
award of damages in the LAYING out of highways
shall be appli able to an appeal from award of
damages in laying out or constructing bitches
under the provisions of this act aid such ap-
peals shall be conducted under the provisions Of
said laws.
SEC S. Whenever the supervisors shall have
ordered the laying out or construction of ditch
in conformity with the provisions of this act the
same shall be opened and constructed under the
direction OF the supervisors of such town. the
expense thereof to be paid by the town in which
such ditch is situated. Whenever the supervis-
| ors have laid out any ditch in conformity with
the provisions of this chapter, and their decis-
ion has not been appealed from, they shall have
a right to go upon any land through which the
same is to be constructed for the purpose of
constructing or opening the same.
SEC. 8. This act shall take effect and be in
force from and after its passage.
Approved March 9Th, 1887.
1G.
AN ACT to provide necessary crossings for the
passage of farm stock and for drainage under
railroad tracks.
Be it enacted by the Legislature of the State of
Minnesota:
SECTION l. That whenever q railroad shall
hereafter be laid out, opened and fenced, through
the farm lands OF any owner OF such lands in this
state, leaving parts OF such lands on both sides
Of such railroad, the said railroad, or persons
causing such railroad to be laid out, opened and
fenced shall construct a necessary crossing or
crossings, under, over across such railroad,
for the passage of stock to and from such parts
Of such lands, but such crossings shall be so con-
structed as not to obstruct such railroad.
Seq. That wherever railroad is now laid out,
opened or fenced, through the farm lands of any
such owner thereof, leaving part of such farm
lands on both sides of such railroad such owner
is authorized to construct crossing under, over
across such railroad for the necessary passage
of stock therein; aud whenever any owner of
lands adjacent to he right of way of any rail-
road company finds it necessary to drain the
the right OF way OF any railroad company, such
owner is hereby authorized to construct such
drain through the right of way and under the
track or tracks OF such company; but said cross